Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023
Conviction of Minor Offences under Section 245 of Bharatiya Nagarik Suraksha Sanhita, 2023
Introduction: Provisions for Joinder of Charges in Bharatiya Nagarik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 brings in systematic guidelines for criminal trial procedures, including the provisions relating to the joinder of charges and disposal of multiple charges in one trial. The earlier provisions of Chapter XVIII deal with the situation where several charges can be consolidated, either because of interconnection among the offences alleged or cases of alternative charges because of evidence on hand. The Sanhita seeks to rationalize trials by offering flexibility in regard to conviction on minor, or lesser, offences when all aspects of the initial offence are not established. Section 245: Conviction on Minor Offences
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Section 245 of the Bharatiya Nagarik Suraksha Sanhita prescribes four significant sub-sections for situations where an individual, accused of a more serious offense, can be convicted of a lesser offense without it being charged separately. The section provides the judiciary with the flexibility to modify the conviction according to the actual evidence brought before it, even if it does not entirely corroborate the initial charge.
The aim is here to bring about justice through not allowing questions of procedure stand in the way of a conviction on a lower offence if such a conviction is warranted by facts of the case.
Section 245(1): Conviction of a Minor Offence where Some Elements are Proved
In Section 245(1), where an individual is accused of a serious offence involving multiple elements or “particulars,” and only some of these are established, and these form a lesser offence, the individual can be convicted of this lesser offence. This implies that even if all the necessary criteria for the serious offence are not fulfilled, a conviction for a corresponding lesser offence can still be imposed if sufficient evidence warrants it.
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For instance, if a person is accused of a serious version of criminal breach of trust (English for Criminal Breach of Trust) under special circumstances but only prima facie evidence for the elementary version of criminal breach, then the individual may be held guilty for such a basic offense under the particular section.
Illustration: If A is accused of criminal breach of trust in respect of property entrusted to him as a carrier under sub-section (3) of Section 316 of the Bharatiya Nyaya Sanhita, 2023, but it appears that the property was not entrusted to him as a carrier, he may still be convicted of criminal breach of trust under sub-section (2) of Section 316, since evidence of a lesser offence is proved.
Section 245(2): Conviction where Facts Establish a Lesser Offence
Section 245(2) is applicable in circumstances where facts or evidence bring to light that an offence committed was lesser in degree compared to the charge laid. The accused can, in this instance, be convicted of the minor offence even though it was not the charge preferred against them. According to this sub-section, flexible sentencing is permitted in accordance with the evidence presented.
For example, if an individual (A) is prosecuted for causing grievous hurt (Grievous Hurt in English) under Section 117(2) of the BNSS, 2023, but he can establish that he was acting in sudden provocation, he could then be found guilty of the lesser offence of causing hurt under Section 122(2) instead.
Section 245(3): Conviction for Attempt to Commit an Offence
Section 245(3) provides for instances in which a person is accused of attempting an offence, yet the evidence points towards only an attempt. The provision states that the court can find the person guilty of the attempt even though it was not specifically charged. This is to make sure that an attempt at an offence does not go unpuished merely because the charge did not specify the attempt in the first place.
For instance, if one is accused of theft but the evidence only confirms that they attempted theft, they can still be convicted of attempting it.
Section 245(4): Restriction on Conviction for Minor Offences
Section 245(4) limits the operation of this section by providing that a conviction for a minor offence cannot be attained if the conditions for bringing proceedings for the minor offence are not met. This ensures that administrative requirements for minor offences are complied with and deters arbitrary convictions for offences without adherence to set legal procedures.
Role of Section 245 in Judicial Efficiency and Fairness
The provisions in Section 245 enable the judiciary to convict a person appropriately depending on the evidence available. This section prevents an accused from being unjustly acquitted merely because the technicalities of a charge do not hold good if a lesser offence can still be established. It also saves time and resources by enabling a conviction on a minor offence instead of reinitiating proceedings for the lesser offence.
Conclusion
Section 245 of the BNSS, 2023, is meant to deal with concrete problems in criminal trials through provisions for flexibility regarding convictions of lower-level offences. The section provides robustness to the judicial system by ensuring the delivery of justice without unnecessary procedural delays or repeat trials based on technicalities and, ultimately, improving the effectiveness and fairness of the legal framework.
